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plaintiffs sought to overturn the action by
Secretary Salazar. Judge Benson ruled in favor of Salazar because the lawsuit was not filed within the statute of limitations mandating the filing of any challenge within 90 days of the Secretary's decision. He did, however, acknowledge that, "In this case, the secretary exceeded his statutory authority by withdrawing leases after determining which parcels were to be leased and after holding a competitive lease sale." Also in his ruling Judge Benson stated, "The plain language of the Mineral Leasing Act mandates the Secretary of Interior to accept bids and issues leases as part of the competitive leasing process for oil and gas leases. Ultimately though, the plaintiff's claims are time barred."
652:
sympathy towards MacKay and his family and stating that the 20-year mandatory minimum sentence issued by Benson was "too long'. "It's very easy to get almost teary-eyed over the health issue alone," Benson said. "This is so hard for people who love and admire and respect this man, which is many." Benson told MacKay's family that he "can't even imagine" the "nightmare" they are going through. "It must be like a black cloud," he said. He said that
America's jury system is not perfect, but added that jurors in MacKay's case performed their jobs diligently. MacKay's attorney's used his failing health and large numbers of prescription drugs he takes as reasons why MacKay should stay out of prison.
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of the two counts — disrupting a federal auction and making false statements on federal forms to enter the auction — and up to $ 750,000 in total fines. Sentencing was set for June 23. ... Judge ... Benson strictly limited how much the defense could say about federal energy policies and climate change, which Mr. DeChristopher has said in numerous interviews were his primary motivations in going to the auction." The prosecutor in the case was
Assistant United States Attorney Scott B. Romney. On July 26, 2011, Benson sentenced DeChristopher to two years in prison and a fine of $ 10,000.
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allow Summum to place their monolith, the City of
Pleasant Grove removed the Ten Commandments monolith. The case was then accepted and heard by The Supreme Court of the United States. The Court issued a unanimous ruling (No. 07-665) in favor of the city of Pleasant Grove No. 07–665 on February 25, 2009. The court found that monuments that were privately funded were considered government speech and therefore not in violation of any one group's First Amendment rights. In his opinion, Justice
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Judge Benson stated in his ruling, "The court finds many of these policy arguments persuasive," Benson wrote, but said it was not his place to make such decisions. "While it may be true that requiring all government investigations to be open would result in greater accountability and more accurate information, if such a requirement is to be imposed, it must come from a statute that is debated and passed by
Congress and signed into law by the president."
642:"Tim is a hero to me," wrote Yarrow. "Throughout American history, acts of civil disobedience have led to change. Think about the Underground Railroad that helped escaped slaves to freedom, or about the courageous actions of people like Rosa Parks, who refused to stay in the back of the bus simply because of their skin color. Without this kind of defiance of unjust laws, our country would likely still be denying people of colour basic freedoms."
25:
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Tim DeChristopher was indicted in U.S. Federal
District Court for bidding on Federal energy leases without intent to pay for them. He claimed that he did so as an act of civil disobedience. In March, 2011, after a four-day jury trial, DeChristopher was convicted and "faces up to five years on each
761:
brought the anti-trust suit against
Microsoft for the anti-competitive practice of encoding Microsoft Windows 95 to only run properly if MS-DOS, a Microsoft product, was being used. Caldera's claim was that this practice unfairly inhibited the competition by eliminating DR-DOS as an alternative.
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collapse that killed six miners and three rescue workers in Utah. In dismissing the complaint, Judge Benson noted that, "It is not this court's or any other court's role to make law, only to interpret it." Plaintiffs contended that public access to the investigation would help insure accuracy.
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Rights were violated by the existence of the Ten
Commandments monument. Judge Benson ruled against the group, holding their right to free speech had not been violated. The case was then appealed and heard by the Tenth Circuit Court who overturned Judge Benson's previous decision. Rather than
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as follows: "This treatise examines each article of the Utah Rules of
Evidence in a practitioner-friendly format. The current language and relevant legislative history for each article is presented, followed by checklists and an analytical overview of the Utah case law and United States Supreme
651:
from northern Utah, was convicted in August 2011 of 40 counts related to illegally prescribing pain killers. Between 2005 and 2009 MacKay prescribed over 3.5 million pills of opiate painkillers. During the appeal hearing, Benson said that the jury's verdict had sufficient evidence, but expressed
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From 1976 to 1984, Benson practiced law in private practice. He was a
Counsel, U.S. Senate Committee on the Judiciary, Subcommittee on the Constitution from 1984 to 1986. He was a Chief of staff, U.S. Sen. Orrin Hatch from 1986 to 1988. He was a Counsel, Iran-Contra Congressional Investigating
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This lawsuit was filed by three energy companies along with the Utah counties of Carbon, Uintah and Duchene against Interior Secretary Ken Salazar and related federal authorities. The case involved 77 gas and oil drilling leases that were cancelled by Secretary Salazar in February 2009. The
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646:
In 2012, Judge Benson denied convicted felon Dewey MacKay's request to remain free pending appeal of his guilty verdict. However, Judge Benson, without objection from the prosecution, did allow MacKay to remain free pending appeal of Benson's denial. MacKay, an
604:. This seat was new for Utah, created by Congress in 1990, along with 84 others throughout the country. Benson was confirmed by the Senate and began serving on September 16, 1991. He held the position of Chief Judge of the District Court from 1999 to 2007.
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analogized that, if the law accorded with Summum and its "civil liberties" supporters, New York City would have been required to accept a Statue of Autocracy from the German Empire or Imperial Russia when it accepted the Statue of Liberty from France.
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to two years in prison for disrupting an oil auction in 2008. Benson had barred DeChristopher's defense team from explaining to the jury why he disrupted the auction. Critics have accused Judge Benson for doling a harsh sentence to DeChristopher.
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Benson is of Swedish ancestry. He was born, along with his identical twin brother, Lee Benson, on August 25, 1948, in Sandy, Utah. After graduating from Jordan High School, Benson served an LDS mission in Sweden. Benson then attended BYU in
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for the 1976 year. He later stated that it made him "realize that I didn't have a future in professional soccer." With soccer as a passion and an affinity for teaching, Benson started and coached the first soccer team at
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is a religious group that sued the City of Pleasant Grove, Utah for the right to install a monolith containing their core beliefs next to an existing monolith of the Ten Commandments. The group contended that their
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firm then known as Martineau & Maak where he stayed less than one year. He was then offered and accepted a position as a litigator with the firm Snow Christensen & Martineau, where he remained until 1984.
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Counsel to the U.S. Senate Committee on the Judiciary, Subcommittee on the Constitution from 1984 to 1986 – Notable issues that arose during his employment included The Balanced Budget Amendment.
638:, folk singer and member of Peter, Paul, and Mary, wrote in an editorial for the Los Angeles Times, that DeChristopher's actions were comparable to leaders of the civil rights movement.
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in Washington, D.C., Benson traveled to the nation's capital every 10 weeks to participate in court sessions. He served in this capacity until 2011 when his seven-year term expired.
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Committee in 1987. He was an Associate deputy U.S. attorney general from 1988 to 1989. He was a U.S. Attorney for the District of Utah from 1989 to 1991.
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518:. His duties as legal counsel for Parsons included reviewing contracts as well as handling lawsuits that arose with general contractors and employees.
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degree in 1973, majoring in Physical Education with a minor in political science. That same year, Benson became a member of the charter class at the
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on September 12, 1991, and received his commission on September 16, 1991. He served as chief judge of the district from 1999 until 2006. He took
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Court cases interpreting each evidentiary rule. Differences that may exist between the state and federal rules of evidence are also outlined."
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Judge Benson denied 4 Motions for Summary Judgment by Microsoft to have the case dismissed. The case was eventually settled by the parties.
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During his eight-year tenure at Snow Christensen, Benson took a two-year leave of absence to accept a position with the construction company
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to Deputy Attorney General Harold G. Christensen; Christensen was his former senior partner at Snow Christensen
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In May 1991, Benson was nominated for a federal judgeship to the United States District Court by President
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This suit was commenced by several Utah media organizations seeking access to documents relating to the
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Congressional Investigating Committee 1987, where he helped write the minority report with
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for the District of Utah. He was recommended to the post by his former boss, Senator
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on May 16, 1991, to a new seat created by 104 Stat. 5089. He was confirmed by the
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Mangrum and Benson on Utah Evidence, 2010-2011 ed. (Vol. 1, Utah Practice Series)
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Benson also held adjunct law school professorships at Brigham Young University's
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Benson is the co-author of a textbook on evidence, described by online retailer
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341:(August 25, 1948 – November 30, 2020) was an American jurist who served as a
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before being sworn in on August 8, 1989. Benson held this post until 1991.
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From 1984 through 1989, Benson served in various U.S. government posts in
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943:, Mike Lee bio, Mike Lee U.S. Senate website. Accessed October 20, 2010.
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The Salt Lake Tribune (Kearns Tribune, LLC) et al., vs. Elaine L. Chao.
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In addition to his legal studies, Benson played professionally in the
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at BYU in 1976. That year he also played professional soccer with the
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812:"GILBERT BENSON, EX-ADMINISTRATOR IN JORDAN DISTRICT, DIES AT AGE 81"
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Liesek, Geoff, and Mary Bernard. "Deseret News." September 2, 2010.
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Judges of the United States Foreign Intelligence Surveillance Court
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Judges of the United States District Court for the District of Utah
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592:, where he taught courses on criminal trial practice and evidence.
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United States district court judges appointed by George H. W. Bush
897:"The United States Attorney's Office District of Utah: Dee Benson"
918:"House Report 112-117 - BALANCED BUDGET CONSTITUTIONAL AMENDMENT"
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which has since been disbanded. He was a member of Utah's team,
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1111:"Tim DeChristopher not target of discrimination, judge rules"
515:
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617:, Republican U.S. Senator since 2010 from Utah, served as a
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Upon graduation from BYU, Benson accepted a position with a
1117:, March 16, 2010 12:00 a.m. MDT. Accessed October 20, 2010.
1053:"Judge allows convicted Utah pill doc to stay free for now"
1005:"Judge allows convicted Utah pill doc to stay free for now"
753:
This case mirrored the much larger anti-trust case against
565:. Benson's recommendation was further supported by Senator
1095:
Judge says Utah counties' drilling-lease lawsuit too late.
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BBC News. January 13, 2000. (accessed October 20, 2010).
886:, bio/story of appointment. Accessed September 20, 2010.
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Chief of Staff to Senator Orrin Hatch from 1986 to 1988
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The United States Attorney's Office District of Utah,
834:"Judge Dee Benson, longtime federal judge, dead at 72"
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United States District Court for the District of Utah
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United States District Court for the District of Utah
1146:"Activist sentenced to two years for oil lease fraud"
980:"Tim DeChristopher's brave act of civil disobedience"
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United States District Court for the District of Utah
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United States District Court for the District of Utah
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United States District Court for the District of Utah
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United States District Court for the District of Utah
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United States District Court for the District of Utah
510:. With Ralph M. Parsons, he lived in a developing
357:on September 12, 1991. In May 2004, Chief Justice
1344:United States Attorneys for the District of Utah
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1128:"Federal Jury in Utah Convicts Environmentalist"
751:Caldera vs. Microsoft: Case No. 2:96-cv-645 B.
448:at BYU. While in law school, he served as the
1409:Deaths from brain cancer in the United States
800:U.S. District Judge Dee Benson dies at age 72
783:"Benson, Dee Vance - Federal Judicial Center"
629:In 2011, Judge Benson sentenced eco-activist
168:September 16, 1991 – January 1, 2014
1158:Benson, Dee. uscourts.gov. October 9, 2007.
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361:appointed Benson to serve as a judge of the
106:January 1, 2014 – November 30, 2020
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1324:American Soccer League (1933–1983) players
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1419:Chiefs of staff to United States Senators
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349:. He was nominated as judge by President
1194:Biographical Directory of Federal Judges
1072:Mangrum, Richard Collin and Dee Benson,
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388:as a member of the charter class of the
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1027:"Jury finds MacKay guilty on 40 counts"
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686:: Case No. 2:09-cv-435 and 2:09-cv-440.
609:Foreign Intelligence Surveillance Court
607:Through his appointment in 2004 to the
363:Foreign Intelligence Surveillance Court
1369:American Mormon missionaries in Sweden
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1173:Caldera vs Microsoft - the settlement.
1134:, March 3, 2011. Retrieved 2011-03-03.
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955:"US eco-activist jailed for two years"
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569:and by United States Attorney General
427:in 2020, at his home, in Sandy, Utah.
353:on May 16, 1991, and confirmed by the
953:Goldenberg, Suzanne (July 27, 2011).
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1051:Rogers, Melinda (January 12, 2012).
1003:Rogers, Melinda (January 12, 2012).
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47:move details into the article's body
18:
1217:Crandall Canyon Mine - Deseret News
1029:. Standard Examiner. Archived from
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1384:American people of Swedish descent
1242:Seat established by 104 Stat. 5089
407:Benson was a federal judge to the
191:Seat established by 104 Stat. 5089
14:
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1329:J. Reuben Clark Law School alumni
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693:The United States of America vs.
547:Associate Deputy Attorney General
1374:20th-century Mormon missionaries
1025:Lofton, Josh (August 19, 2011).
458:. Benson went on to receive his
423:on January 1, 2014, and died of
411:. He was nominated by President
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978:Yarrow, Peter (July 26, 2011).
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674:Impact Energy Resources, LLC,
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553:In 1989, Benson was appointed
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1319:American men's soccer players
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588:and the University of Utah's
1414:21st-century American judges
1359:20th-century American judges
814:. Deseret News. June 6, 1993
343:United States district judge
7:
1364:Utah Golden Spikers players
1334:Latter Day Saints from Utah
1162:(accessed October 5, 2010).
1097:(accessed October 5, 2010).
1084:. Accessed October 5, 2010.
884:) for the District of Utah"
590:S.J. Quinney College of Law
10:
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727:Summum vs. Duchesne City,
586:J. Reuben Clark Law School
446:J. Reuben Clark Law School
390:J. Reuben Clark Law School
16:American judge (1948–2020)
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731:: Case No. 2:03-cv-1049.
716:: Case No. 2:07-cv-739.
697:: Case No. 2:09-CR-183.
596:Federal judicial service
577:and confirmation by the
500:Ralph M. Parsons Company
431:Early life and education
382:Brigham Young University
317:Brigham Young University
1404:American soccer coaches
1399:People from Sandy, Utah
1199:Federal Judicial Center
1197:, a publication of the
704:The Salt Lake Tribune,
462:in the spring of 1976.
365:for a seven-year term.
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555:United States attorney
467:American Soccer League
440:, where he received a
398:American Soccer League
210:United States Attorney
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476:Hillcrest High School
720:Crandall Canyon mine
579:United States Senate
514:city known today as
417:United States Senate
355:United States Senate
1278:Chief Judge of the
1222:Mineral Leasing Act
1055:. Salt Lake Tribune
1007:. Salt Lake Tribune
394:Utah Golden Spikers
372:and graduated from
368:Benson was born in
111:Chief Judge of the
1210:2011-07-19 at the
1132:The New York Times
880:"U.S. Attorney's (
649:orthopedic surgeon
571:Richard Thornburgh
471:The Golden Spikers
374:Jordan High School
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1288:Succeeded by
1258:Succeeded by
1082:978-0-314-93468-0
984:Los Angeles Times
695:Tim DeChristopher
631:Tim DeChristopher
625:Notable decisions
602:George H. W. Bush
575:George H. W. Bush
413:George H. W. Bush
359:William Rehnquist
351:George H. W. Bush
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307:Sandy, Utah, U.S.
301:November 30, 2020
237:George H. W. Bush
179:George H. W. Bush
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43:length guidelines
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1268:Preceded by
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523:Washington, D.C.
442:Bachelor of Arts
378:Bachelor of Arts
339:Dee Vance Benson
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269:Personal details
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254:Succeeded by
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198:Succeeded by
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120:
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35:lead section
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1314:2020 deaths
1309:1948 births
787:www.fjc.gov
710:Elaine Chao
680:Ken Salazar
656:Publication
559:Orrin Hatch
541:Dick Cheney
537:Iran-Contra
438:Provo, Utah
370:Sandy, Utah
291:Sandy, Utah
244:Preceded by
186:Preceded by
131:Preceded by
1303:Categories
1285:1999–2006
1255:1991–2014
1148:. Reuters.
1059:2012-01-12
1037:2012-01-12
1011:2012-01-12
989:2011-07-29
964:2011-07-29
941:About Mike
927:2020-11-08
903:2011-07-29
844:2020-12-02
818:October 9,
766:References
563:Brent Ward
508:California
284:1948-08-25
70:Dee Benson
1271:David Sam
755:Microsoft
619:law clerk
567:Jake Garn
502:based in
312:Education
226:1989–1991
222:In office
164:In office
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102:In office
45:and help
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